D.A.P.A or Deferred Action for Parents of Americans and Lawful Permanent Residents program – is the executive action Obama attempted in November of 2014 which was shut down by Federal Judge Andrew Hanen in February ’15 with the issuance of an emergency injunction.

• The DOJ appealed the Hanen injunction, on merit, to the 5th Circuit Court of Appeals and lost.
• The DOJ then appealed the Hanen injunction, on standing, to the 5th Circuit Court of Appeals, and lost again.  (Full Backstory)

The DOJ then filed an appeal with the US Supreme Court.  Yesterday the U.S. Supreme Court agreed to hear the case.  The Court will almost certainly hear oral arguments in the case in late April, with a decision expected in late June – just as the 2016 presidential campaign, in which immigration has already played a major role, really starts to heat up.

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The case is Schwartz v. Cruz, 4:16-cv-00106, U.S. District Court, Southern District of Texas (Houston) – and the suit was filed yesterday.  An 85-year-old lawyer, who claims no party affiliation, has filed a 28 page complaint with the U.S. District Court seeking expedited determination of the eligibility of Senator Ted Cruz to be President of The United States.

(Via Bloomberg) Republican presidential contender Ted Cruz should be disqualified from the race because he isn’t a “natural-born citizen,” a fellow Texan claims in a “birther” challenge filed against the senator in a U.S. court.

The suit seeks a court definition of the term to clarify whether Cruz — who was born in Canada to an American mother — can or can’t serve if elected.

“This 229-year question has never been pled, presented to or finally decided by or resolved by the U.S. Supreme Court,” Houston attorney Newton B. Schwartz Sr. said in his 28-page complaint. “Only the U.S. Supreme Court can finally decide, determine judicially and settle this issue now.” (more…)

…”When Cruz was my constitutional law student at Harvard, he aced the course after making a big point of opposing my views in class — arguing stridently for sticking with the “original meaning” against the idea of a more elastic “living Constitution” whenever such ideas came up. I enjoyed jousting with him, but Ted never convinced me — nor did I convince him.

At least he was consistent in those days. Now, he seems to be a fair weather originalist, abandoning that method’s narrow constraints when it suits his ambition”…  ~ Laurence H Tribe (Harvard)

Ted Cruz is a Naturalized Citizen, not “Natural Born”

(Via Free Republic) The question of who qualifies as a “natural born citizen” may be close in some cases, but the case of Ted Cruz is easy. Constitutionally speaking, Cruz is a naturalized citizen, not “natural born.”

Regarding citizenship, the Constitution grants Congress power over a uniform rule of naturalization, not over citizenship generally. Any citizen whose citizenship is derived from an act of Congress is thus a naturalized citizen, constitutionally speaking, and thus not “natural born.”

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D.A.P.A or Deferred Action for Parents of Americans and Lawful Permanent Residents program – is the executive action Obama attempted in November of 2014 which was shut down by Federal Judge Andrew Hanen in February ’15 with the issuance of an emergency injunction.

• The DOJ appealed the Hanen injunction, on merit, to the 5th Circuit Court of Appeals and lost.
• The DOJ then appealed the Hanen injunction, on standing, to the 5th Circuit Court of Appeals, and lost again.

The DOJ then filed an appeal with the US Supreme Court.  The court has yet to determine if they will hear the case, however today SCOTUS granted a partial common procedural extension to the 26 states who filed the original lawsuit: (more…)

A lasting legacy within the body politic continues with Supreme Court justice John Roberts who Thompson helped guide through the nomination process in 2005.

TENNESSEE – Fred Thompson, a former U.S. senator for Tennessee, GOP presidential candidate, Watergate attorney and longtime “Law and Order” star, died on Sunday. He was 73.

Mr. Thompson died after a recurrence of lymphoma, according to a statement issued by the Thompson family.

“It is with a heavy heart and a deep sense of grief that we share the passing of our brother, husband, father, and grandfather who died peacefully in Nashville surrounded by his family,” the statement reads. (more…)

After an entire media cycle filled with the insufferable professional punditry waxing on about how Muslims must be allowed to be President; the entire common sense electorate can sense the disconnect between reality and the professionally political.
Here’s a strong presentation about Ben Carson’s righteous position and the considerations of Islam – READ HERE – Meanwhile, Hilllary opines with this little PC twitter-sense:

Obviously, the U.S. Constitution outlines that “GOVERNMENT” “shall not apply a religious test as a qualification to any office etc.”  However, any individual or group is entirely free to attach their own litmus test if they so desire; it’s called discernment.
There is nothing forbidding an individual from applying their own belief system to their opinion of whether or not a Muslim follower should be trusted to “preserve, protect and defend the constitution of the United States“; nothing wrong with that at all.
With that in mind, here’s the ‘Splodey-Head question that no-one in the media is brave enough to ask Hillary Clinton: (more…)

Hired by election and fully supported by her community, county clerk Kim Davis is handcuffed and jailed by a U.S. Marshall and federal judge.  Note that Davis is afforded no religious accommodation by the same federal government which mandates -by law- religious accommodation within the private sector for all employees.
And the social justice warrior crowd is gleeful…..

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For more than a year we have been asking a simple question:

“How can the DOJ conduct an investigation into unlawful aspects of the IRS targeting of specific 501(c)(4) groups, when the DOJ is the initiating body for the illegality they are seeking to investigate?” (June 28th, 2014)

A few days ago Judicial Watch revealed new FOIA discoveries and posed this:

“These new documents show that the Obama IRS scandal is also an Obama DOJ and FBI scandal,” said Judicial Watch President Tom Fitton. “The FBI and Justice Department worked with Lois Lerner and the IRS to concoct some reason to put President Obama’s opponents in jail before his reelection.

And this abuse resulted in the FBI’s illegally obtaining confidential taxpayer information. How can the Justice Department and FBI investigate the very scandal in which they are implicated?” (link)

The entire scheme is riddled with complexity; almost too complex for the average person to understand, and seriously difficult to summarize.  However, when you boil it down here’s the essential components that are no longer suspicion or supposition, but factually provable: (more…)

SCOTUS did what many people figured they would do; with Chief Justice Roberts, yet again, joining the bench legislatures in a veiled effort to avoid the impression of a 5-4 ideological court.

SCOTUS – Today, by a vote of six to three, the Court agreed with the Obama administration that the subsidies are available for everyone who bought health insurance through an exchange, no matter whether that exchange was created by a state or the federal government.

Chief Justice John Roberts wrote the Court’s opinion, which Justices Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan all joined.

The Court acknowledged that, at first blush, the phrase “established by the State” does not appear to include the federal government. After all, the ACA specifically defines “State” as “each of the 50 States and the District of Columbia.” But other parts of the law, the Court explained, suggest that the “meaning of the phrase ‘established by the State’ is not so clear.” (more…)

“Disparate Impact” is a social justice legal theorem which measures outcomes to standards and practices and determines racial legality.

Example – Under legal interpretation rules of “Disparate Impact” it is unlawful not to hire illegal aliens. If a company uses eligible (legal) work authorization status as a requirement on employment applications (when making hiring decisions), and if the use of legal work eligibility is used as a qualifier, and the eligibility (qualification) standards disqualify a protected class (ethnicity) at a disparate rate, then it is unlawful not to hire illegal aliens.

The civil rights act(s) guaranteed -through law- equality in opportunity. Disparate Impact guarantees -through legal interpretation- equality in outcome.

Today the Supreme Court upheld (5-4) the application of “Disparate Impact Rules” within housing: regulations, loans, credits, locations and subsidies.  Justice Kennedy was the determining factor.  Thomas Lifson at American Thinker accurately outlines: (more…)